BILL ANALYSIS                                                                                                                                                                                                    






               SENATE COMMITTEE ON EDUCATION
                     Dede Alpert, Chair
                 1999-2000 Regular Session
                              

BILL NO:       SB 578
AUTHOR:        Poochigian
AMENDED:       April 5, 1999
FISCAL COMM:   Yes            HEARING DATE:  April 7, 1999
URGENCY:       Yes            CONSULTANT:James Wilson


  SUMMARY  

This bill, an urgency measure, requires that the test  
publisher who is selected to provide tests for the state's  
Standardized Testing and Reporting (STAR) program must  
offer to sell school districts customized reading lists  
that would be distributed to parents along with score  
reports.

  BACKGROUND  

Current law requires that all students in grades 2 through  
11 be tested in the spring of each year on a standardized,  
commercially published ("off-the-shelf"), test of basic  
skills that is designated by the State Board of Education.   
This law establishes the  Standardized Testing and Reporting  
(STAR)  program, under which school districts are required  
to contract with the commercial test publisher who has been  
designated by the State Board, and who has agreed to  
provide the designated standardized test in accordance with  
specified conditions.

The State Board has currently designated the Stanford  
Achievement Test, form 9, (SAT9 or Stanford 9) test  
published by Harcourt Brace.   This test provides  
individual student scores that are cross-referenced to the  
publisher's national test taking population ("national  
norm"), and Harcourt Brace is under contract with  
individual school districts to provide test booklets and  
individual student score reports, among other things.

  ANALYSIS  

  This bill, an urgency measure:  




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1)   Requires that the test publisher who is designated by  
     the State Board of Education to provide standardized  
     tests under the STAR Program must, in addition to  
     existing requirements of law and beginning this year  
     (1998-99), offer to sell school districts "a  
     schoolsite report that provides a numerical  
     distribution of the reading scores of all pupils who  
     took the STAR test."

2)   Requires that the STAR test publisher also offer for  
     sale to school districts, annually beginning in  
     1998-99, customized reading lists for individual  
     pupils that may be included with STAR test score  
     reports that are reported to the pupil's parents or  
     guardian.  Individual reading lists are to include  
     titles of literature that are appropriate to the  
     pupil's current reading ability, and will encourage  
     the pupil to increase his or her reading ability.

3)   Requires that literature included in the customized  
     individual reading lists meet existing legal  
     requirements for textbooks adopted by the State Board  
     of Education.  (Books need not be on the state  
     adoption list, but must meet the basic requirements of  
     fairness and accuracy that are required for adoption.)

4)   Requires that the titles on the customized reading  
     lists shall also be made available on the internet  
     along with an index that correlates STAR test reading  
     scores to titles on the list that would be suitable  
     for pupils in each of the grades 2 through 11.

5)   Provides that, subject to the appropriation of funds,  
     the Superintendent of Public Instruction shall  
     apportion to school districts up to fifty cents per  
     pupil in order to allow the districts to purchase the  
     customized individual reading lists.

 STAFF COMMENTS  

  1)   Timing.   This bill calls for reading lists to be made  
     available this year.  Not only are all district  
     contracts with Harcourt Brace already negotiated, the  
     STAR tests are being administered in California  
     classrooms during April and May.  This bill is an  




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     urgency measure, but the practical considerations seem  
     to make implementation this year impossible.  Among  
     other things, a thousand contracts would have to be  
     amended if the publisher is willing to meet the new  
     conditions.  If Harcourt Brace would not be willing to  
     meet the new conditions, it would seem impossible to  
     impose a new condition at this late date.   Staff  
     recommends  that commencement years in the bill be  
     revised to the first year of the next negotiated STAR  
     contract, provided that it is no earlier than  
     1999-2000.

  2)   Funding.   The bill makes provision for reimbursing  
     districts up to fifty cents per pupil for the  
     customized reading lists, but no provision is made to  
     pay districts for the "schoolsite report ?of reading  
     scores" that is also mandated on the publisher to make  
     available to school districts.  Furthermore, no  
     appropriation is included in the bill for any costs.   
     These matters could be addressed in the budget  
     process, but the budget process can only address  
     future costs.  Without an appropriation, no funds are  
     available to implement this urgency legislation.

  3)   How does one determine the reading level of a book?     
     It is not at all clear how the reading difficulty of a  
     book can be determined objectively.  Staff understands  
     that one method that has been proposed involves  
     counting the pages in the book and the number of  
     syllables in the words, but such an approach would  
     seem to ignore content in favor of something that is  
     easily quantified.  Before granting the State's  
     sanction to a system that may have little validity,  
     the proposed means of equating reading levels with  
     reading material should be examined by a neutral panel  
     of experts to determine its validity for the proposed  
     task.   Staff recommends  that provisions of this  
     measure not become effective until the Superintendent  
     of Public Instruction, and the Secretary of Education,  
     have had the process examined and determined to their  
     satisfaction that reading lists, such as are proposed  
     in this bill, can be validly equated to specified  
     reading ability as assessed by the STAR exam.

  4)   How custom can they be?    While the bill calls for "a  
     customized reading list for each individual pupil in  




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     grades 2 to 11" it is difficult to imagine that each  
     of five million lists would differ from all others.   
     As a practical matter reading lists would have to be  
     correlated to STAR test scores and there would be only  
     as many lists as needed to address the potential  
     number of scores or score ranges.  This reality is  
     acknowledged in another part of the bill that calls  
     for Internet posting of "an index that correlates  
     reading scores on the STAR test to titles on the  
     reading list."    Are "customized" lists really needed  
     if such an indexed list could be produced for  
     everyone?

  5)   Individual reading proficiency should be based on STAR  
     results.    Although it appears the obvious intent of  
     the author to base the individual pupil reading lists  
     on each pupil's performance on the reading portion of  
     the STAR test, nothing in the bill says so explicitly.  
     It would seem wise to explicitly link the individual  
     reading lists to that individual's performance on the  
     reading part of the STAR test.   Staff recommends  the  
     following amendment:

?  each test publisher shall make available, for purchase  
     by school districts, a customized reading list for  
     each individual pupil  in grades 2 to 11, inclusive   
     who has taken the reading portion of the STAR test, at  
     the same time that that test scores are reported to  
     the parent or guardian pursuant to Section 60643. This  
     customized reading list shall include titles of  
     literature that will allow the pupil to practice  
     reading at his or her current reading level, as  
     determined by the publisher's review of the pupil's  
     reading performance on the STAR test, and that will  
     assist the pupil in achieving a higher level of  
     reading proficiency.

  SUPPORT  

Central California Education Legislation Consortium
Exeter Public Schools
Fresno County Office of Education
Kern County Superintendent of Schools
Reading Lions Project
Screen Actors Guild Foundation





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  OPPOSITION  

None received